[2023] KEHC 24426 (KLR)
The court found that the application to set aside the consent orders was unopposed, as the respondents neither appeared nor filed any response. The applicant's allegations, made on oath, were not challenged or denied. The court held that in such circumstances, the application is meritorious and should be allowed....
Source-derived case information.
- Citation
- [2023] KEHC 24426 (KLR)
- Parties
- Applicant: Felesta Nyamathira Njoroge; Respondent: Kenya Revenue Authority; Respondent: Co-operative Bank of Kenya Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Suit E820 of 2021
- Procedural Posture
- Miscellaneous Civil Suit / Ruling on Application to Set Aside Consent Orders
- Outcome
- application allowed
- Judges
- A Mabeya
- Legal Topics
- Setting Aside Orders, Consent Orders, Unopposed Applications, Money Laundering Allegations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felesta Nyamathira Njoroge
Applicant
Kenya Revenue Authority
Respondent
Co-operative Bank of Kenya Ltd
Respondent
Procedural Posture
Miscellaneous Civil Suit / Ruling on Application to Set Aside Consent Orders
Legal Issues
- 1 Whether the consent orders of 10/11/2021 should be set aside as prayed by the applicant.
- 2 Whether the application, being unopposed, should be allowed on its merits.
Ratio Decidendi
The court found that the application to set aside the consent orders was unopposed, as the respondents neither appeared nor filed any response. The applicant's allegations, made on oath, were not challenged or denied. The court held that in such circumstances, the application is meritorious and should be allowed. The court specifically allowed the application as prayed in prayer no. 5 of the Motion, effectively setting aside the consent orders that authorized the transfer of the applicant's funds without her instructions.
Court Disposition
application allowed
Orders
- The application is allowed as prayed in prayer no. 5 of the Motion.
Full Case Text
Judgment text and source record
23 paragraphs
Njoroge v Kenya Revenue Authority & another (Miscellaneous Civil Suit E820 of 2021) [2023] KEHC 24426 (KLR) (Commercial and Tax) (27 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24426 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Commercial and Tax
Miscellaneous Civil Suit E820 of 2021
A Mabeya, J
October 27, 2023
Between
Felesta Nyamathira Njoroge
Applicant
and
Kenya Revenue Authority
1st Respondent
Co-operative Bank of Kenya Ltd
2nd Respondent
Ruling
1. On 23/5/2023, the applicant applied inter alia, under sections 1A, 1B, 3 and 3A of the Civil Procedures Act for inter alia the setting aside of the orders of 10/11/2021. That application was served on the respondents.
2. The parties appeared before me severally promising to record a settlement but as of 1/8/2023, none was forthcoming. The Court then directed that the parties do make a final attempt to record a settlement on 23/10/2023 failing of which the court would make a determination on the application on merit. Come the 23/10/2023, there was no settlement and the respondents did not appear.
3. That being the case, it was left for the Court to make a determination on that application. The allegations were that there had been allegations by the Asset Recovery Authority that the applicant was being investigated of money laundering. Her account was therefore frozen but she left the country in October, 2021 before the matter was resolved. She later learnt that some Advocates had entered into a consent in these proceedings that her funds be transferred to their account. That she had not given any such instructions. She therefore prayed that the orders sought be granted.
4. The application was served but was not responded to. The same was unopposed. The allegations made positively on oath have not been opposed or challenged or denied.
5. In the circumstances, I find the application to be unopposed and meritorious. I allow the same as prayed in prayer no. 5 of the Motion.It is so ordered
DATED AND DELIVERED AT NAIROBI THIS 27TH DAY OF OCTOBER, 2023. A. MABEYA, FCI ArbJUDGE